State Ex Rel. Cohen v. Hinkle

This original proceeding is before us to attempt to compel by mandate the secretary of state to file articles of incorporation with a certain corporate name.

The name selected by relators for the corporation organized by them is “Carnation Ice Cream Company.” It is alleged by relators, that upon tendering the articles of incorporation and payment of the legal fee to the secretary of state, he, without exercising any discretion, wrote to a corporation by the name of Carnation Milk Products Co., informing it that the Carnation Ice Cream Company had tendered articles of incorporation under that…